Richard M. Cutshall

Richard M. Cutshall is Co-Chair of the firm’s Financial, Regulatory and Compliance Practice, Co-Chair of the firm’s Private Funds Group, and Co-Chair of the firm’s Investment Management Group. Rich has experience representing clients in a variety of investment management, general securities, and corporate matters, including the representation of mutual funds, ETFs, and other funds registered under the Investment Company Act of 1940; fund and ETF independent directors; unregistered investment funds; federally registered, state registered, and federally and state exempt investment advisers; broker-dealers; and an array of public and private companies.

Rich represents investment adviser clients at all stages of their life cycle, from concept and formation through registration, daily operation through wind-down and exiting the business, including representing investment adviser clients on both the buy-side and sell-side in M&A transactions. He also represents clients in all aspects of investment company practice, including organizing and forming new funds and ETFs, registering mutual funds and ETFs with the SEC, and the acquisition and merger of public funds.

In the course of representing investment advisers and public and private funds, Rich advises Greenberg Traurig’s clients on all aspects of securities regulatory compliance, particularly including new and existing SEC rules; SEC examination, regulatory, and investigative initiatives and sweeps; the SEC’s proposal, adoption, and implementation of new regulations, such as the recently rewritten investment adviser marketing rule; and finding compliance solutions related to the regulatory scheme applicable to investment advisers and investment funds, including implementing both novel and long-standing SEC regulatory guidance and interpretations. He also advises clients on the day-to-day aspects of corporate governance, board and adviser fiduciary responsibility, and SEC compliance, as well as assisting clients in all aspects of SEC and other regulatory examinations.

Rich has given presentations on and assists a variety of investment management clients with their compliance with anti-money laundering laws, and has performed annual independent third party audits of several clients’ anti-money laundering policies, programs and controls.

Rich also has experience representing clients in many industries in the sale or acquisition of businesses, formation of corporate entities, sophisticated contract negotiations, and in obtaining, renewing and renegotiating the terms of financing business operations. He routinely works with clients’ chief executive officers, chief financial officers, directors, and in-house general and assistant general counsels, including occasionally working from clients’ corporate headquarters upon request. Rich works with corporate and finance clients of all sizes, from startup family-run businesses and entrepreneurial endeavors to Fortune 500 clients. He also has experience representing clients across many industries, including health care, data management, retail product display and advertising design and manufacturing, industrial manufacturing, and real estate management and brokerage industries.

Concentrations

•Investment advisers, including state and federal registration, compliance and exemptions
•Investment funds, including mutual funds, ETFs, and other companies registered under, and private funds (of all types) and companies exempt or excluded from, the Investment Company Act.
•Advice regarding new and changing regulatory guidance and rules, including the recently rewritten investment adviser marketing rule
•Broker-Dealers and Capital Acquisition Brokers
•Public company reporting and regulatory matters
•SEC examinations and other securities matters
•Mergers, acquisitions, sales and formation of corporate entities
•Corporate counseling and commercial transactions
•Pension funds and institutional investors
•Corporate compliance and social responsibility, including AML compliance

Recognition & Leadership

Awards & Accolades

•Listed, Legal 500 United States, Finance Financial Services Regulation, 'Recommended Lawyer,' 2023-2024
•Team Member, a Law360 'Real Estate Practice Group of the Year,' 2023
•Listed, Emerging Lawyer, Leading Lawyers Network, 2015-2021
•Team Member, Corporate Board Member magazine and FTI Consulting Inc., one of 'America’s Best Corporate Law Firms,' 13th Annual Legal Industry Study, 2013
•Listed, Super Lawyers magazine, Illinois Super Lawyers, 'Rising Star,' 2011-2013